SCI-823-0.00 Portsmouth Bypass

Project No. 14-3000

PID 19415

REQUEST FOR QUALIFICATIONS

TO DESIGN, BUILD, FINANCE, OPERATE AND MAINTAIN

THE

PORTSMOUTH BYPASS

STATE OF OHIO

DEPARTMENT OF TRANSPORTATION

ISSUED JUNE 7, 2013

Department of Transportation

1980 West Broad Street

Columbus, Ohio 43223

TABLE OF CONTENTS

PART C EXHIBITS & FORMS 1

EXHIBIT A – PROJECT MAP 2

FORM A – TRANSMITTAL LETTER 3

FORM B – DEVELOPER INFORMATION 6

FORM C – CERTIFICATIONS 7

FORM D – MAJOR PARTICIPANT AND KNOWN SUBCONTRACTOR INFORMATION 13

FORM E – NOT USED 14

FORM F1 – TECHNICAL EXPERIENCE – DESIGN 15

FORM F2 – TECHNICAL EXPERIENCE – CONSTRUCTION 17

FORM F3 – TECHNICAL EXPERIENCE – MAINTENANCE 19

FORM H1 – EQUITY MEMBER EXPERIENCE 21

FORM H2 – EQUITY MEMBERS’ TRACK RECORD* 23

FORM I1 – FINANCIAL INFORMATION SUMMARY 24

FORM I2 – PARENT COMPANY INFORMATION 25

FORM J – CLARIFICATION REQUEST FORM 26

SCI-823-0.00 Portsmouth Bypass

Project No. 14-3000

PID 19415

PART C EXHIBITS & FORMS

EXHIBIT A – PROJECT MAP

FORM A – TRANSMITTAL LETTER

PROPOSER:______

Date: [Insert Date]

Ohio Department of Transportation

1980 West Broad Street

Columbus, Ohio 43223

Attn: Mike Wawszkiewicz P.E.

The undersigned (“Submitter”) submits this statement of qualifications (this “SOQ”) in response to that certain Request for Qualifications dated as of June 7, 2013 (as amended, the “RFQ”), issued by the Ohio Department of Transportation (“ODOT”) to develop, design and construct the Portsmouth Bypass, and to, finance, operate and maintain the Portsmouth Bypass (the “Project”), through a Public Private Agreement (“the Agreement”). Capitalized terms not otherwise defined herein shall have the meanings set forth in the RFQ.

Enclosed, and by this reference incorporated herein and made a part of this SOQ, are the following:

Volume A: Introduction and Administrative;

Volume B: Submitter Organization and Key Personnel;

Volume C: Technical Capabilities, Experience and Project Understanding;

Volume D: Financial Capabilities, Experience and Project Understanding;

Volume E: Financial Information

Volume F: Confidential Information

Submitter requests ODOT to evaluate this SOQ for the Project delivery method

Submitter acknowledges receipt, understanding and full consideration of all materials posted on:

http://www.dot.state.oh.us/Divisions/InnovativeDelivery/Pages/PortsmouthDBFOM.aspx

and the following addenda and sets of questions and answers to the RFQ:[Submitter to list any addenda to the RFQ and sets of questions and answers by dates and numbers prior to executing Form A]

Submitter represents and warrants that it has read the RFQ and agrees to abide by the contents and terms of the RFQ and the SOQ.

Submitter understands that ODOT is not bound to shortlist any Submitter and may reject each SOQ ODOT may receive.

Submitter further understands that all costs and expenses incurred by it in preparing this SOQ and participating in the Project procurement process will be borne solely by the Submitter, except to the extent of any payment made by ODOT for work product, as described in Part A, Section 7.2 of the RFQ.

Submitter agrees that ODOT will not be responsible for any errors, omissions, inaccuracies or incomplete statements in this SOQ.

This SOQ shall be governed by and construed in all respects according to the laws of the State of Ohio.

Submitter certifies that it is duly authorized to sign this Form A on behalf of itself and each of the Major Participants.

Submitter's business address:

______

(No.) (Street) (Floor or Suite)

______

(City) (State or Province) (ZIP or Postal Code) (Country)

State or Country of Incorporation/Formation/Organization: ______

[insert appropriate signature block from following pages]

1. Sample signature block for corporation or limited liability company:

[Insert Submitter’s name]

By: ______

Print Name: ______

Title: ______

2. Sample signature block for partnership or joint venture:

[Insert Submitter’s name]

By: [Insert general partner’s or member’s name]

By: ______

Print Name: ______

Title: ______

[Add signatures of additional general partners or members as appropriate]

3. Sample signature block for attorney in fact:

[Insert Submitter’s name]

By: ______

Print Name: ______

Attorney in Fact

FORM B – DEVELOPER INFORMATION

PID 19415

SUBMITTER
CONTACT PERSON
ADDRESS
TELEPHONE NUMBER
EMAIL ADDRESS
MAJOR PARTICIPANT
CONTACT PERSON
ADDRESS
TELEPHONE NUMBER
EMAIL ADDRESS
MAJOR PARTICIPANT
CONTACT PERSON
ADDRESS
TELEPHONE NUMBER
EMAIL ADDRESS

FORM C – CERTIFICATIONS

]

NAME OF SUBMITTER: ______

As used herein, the term “affiliate” includes Equity Members, Major Non-Equity Members, parent companies at any tier, subsidiaries at any tier, organizations under common ownership, joint venture members and partners, and other financially liable or responsible parties for the Submitter, except those that, within the past five (5) years, (a) have not engaged in business or investment in North America and (b) have not been involved, directly or indirectly, in debt or equity financing, credit assistance, design, construction, management, operation or maintenance for any project listed on Form H-2. If a response to any question is limited by a confidentiality agreement, protective order or similar document, indicate this in the response.

1. Has the Submitter or any affiliate or any current officer thereof, been indicted or convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or material misrepresentations, or receiving stolen property, collusion, conspiracy or other contract-related crimes or violations or any other felony or serious misdemeanor within the past five (5) years?

¨ Yes ¨ No

If yes, please explain:

2. Has the Submitter or any affiliate ever sought protection under any provision of any bankruptcy act?

¨ Yes ¨ No

If yes, please explain:

3. Has the Submitter or any affiliate ever been disqualified, removed, debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from performing work for the federal government, any state or local government or any foreign governmental entity?

¨ Yes ¨ No

If yes, please explain:

4. Has any construction project performed or managed by the Submitter or any affiliate involved repeated or multiple accidents or other failures to comply with safety rules, regulations, or requirements?

¨ Yes ¨ No

If yes, please identify the Submitter or affiliate and the project(s), provide an explanation of the circumstances, and provide owner contact information, including current telephone and fax numbers and email addresses.

5. Has the Submitter or any affiliate been found, adjudicated or determined by any federal or state court or agency (including the Occupational Health and Safety Administration) to have violated any laws or regulations relating to worker safety?

¨ Yes ¨ No

If yes, please explain:

6. Has the Submitter or any affiliate been found, adjudicated or determined by any federal or state court or agency (including the Equity Employment Opportunity Commission, the Office of Federal Contract Compliance Programs and any applicable Ohio governmental agency) to have violated any laws or Executive Orders relating to employment discrimination or affirmative action, including but not limited to Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. Sections 200 et seq.); the Equal Pay Act (29 U.S.C. Section 206(d)); and any applicable or similar Ohio law.

¨ Yes ¨ No

If yes, please explain:

7. Has the Submitter or any affiliate been found, adjudicated or determined by any federal or state court or agency (including the Environmental Protection Agency) to have violated any laws or regulations relating to protecting the environment?

¨ Yes ¨ No

If yes, please explain:

8. Has the Submitter or any affiliate been found, adjudicated, or determined by any state court, state administrative agency, including the Ohio Department of Commerce, federal court or federal agency, including the Department of Labor, to have violated or failed to comply with any law or regulation of the United States or any state governing prevailing wages (including payment to health and welfare, pension, vacation, travel time, subsistence, apprenticeship or other training, or other fringe benefits) or overtime compensation?

¨ Yes ¨ No

If yes, please explain:

9. Has the Submitter or any affiliate been determined, pursuant to a final determination in a court of law, arbitration proceeding or other dispute resolution proceeding, to be liable for a material breach of contract during the past five (5) years with respect to a transportation project?

¨ Yes ¨ No

If yes, please identify (for each instance) the Submitter or affiliate determined liable and the project name, provide an explanation of the circumstances and provide owner contact information, including telephone and fax numbers and email addresses.

10. Has the Submitter or any affiliate been terminated for cause or default during the past five (5) years with respect to a transportation project?

¨ Yes ¨ No

If yes, please identify (for each instance) the Submitter or affiliate terminated for cause and the project name, provide an explanation of the circumstances and provide owner contact information, including telephone and fax numbers and email addresses.

11. Has the Submitter or any affiliate been involved in any arbitration, litigation, dispute review board or other formal dispute resolution proceeding occurring during the past five (5) years involving an amount in excess of the smaller of (a) 2% of the original contract value or (b) $500,000 related to performance on a transportation project with a contract value in excess of $250 million?

¨ Yes ¨ No

If yes, please provide a brief description (including the resolution) of each qualifying arbitration, litigation, dispute review board or other dispute resolution proceeding. For each instance, identify an owner’s representative with a current telephone and fax number and email address.

12. With respect to each of Questions 1-11 above, if not previously answered or included in a prior response on this form, is any claim, matter, suit, indictment or other criminal or civil proceeding currently pending against the Submitter or any affiliate that could result in the Submitter or affiliate being found liable, guilty or in violation of the matters referenced in Question 1-11 above or subject to disqualification, removal, debarment, suspension, proposal for debarment, ineligibility or voluntary exclusion from performing work by the federal government, any state or local government, or any foreign government entity.

¨ Yes ¨ No

If yes, please explain and provide the information requested as to such similar items set forth in Questions 1-12 above.

13. Has any attempt been made or will any attempt be made to induce any firm or person to refrain from responding to the RFQ.

¨ Yes ¨ No

If yes, please explain:

14. Is Submitter’s response to the RFQ made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a noncompetitive response.

¨ Yes ¨ No

If no, please explain:

Under penalty of perjury, I certify that the foregoing is true and correct, and that I am the Submitter’s official representative:

By: ______

Print Name: ______

Title: ______

Date: ______

RFQ Part C –Page 1

FORM D – MAJOR PARTICIPANT AND KNOWN SUBCONTRACTOR INFORMATION

NAME OF FIRM
/
TYPE OF ORGANIZATION (e.g. Corporation, Partnership, etc.) and STATE OF ORGANIZATION
/
ROLE IN SUBMITTER TEAM
/
TYPE OF WORK
/
DBE (Yes/No)
/
RESPONSIBLE PRINCIPAL

RFQ Part C –Page 1

FORM E – NOT USED

RFQ Part C –Page 1

FORM F1 – TECHNICAL EXPERIENCE – DESIGN

EXPERIENCE OF THE LEAD ENGINEERING FIRM IN THE DESIGN AND ENGINEERING OF REFERENCE PROJECTS

COMPANY NAME
(1) / PROJECT NAME AND LOCATION (2), (3) / PROJECT COST
(4) & (5) / START/END DATES / PROJECT TYPE (DBB, DB, DBF or DBFOM) / LEVEL OF COMPANY’S PARTICIPATION (6) & (8) / ROLE OF COMPANY FOR THE PROJECT (7) /

Notes:

(1)  A maximum of five projects may be included.

(2)  Only list projects on which the Lead Engineering Firm worked within the past ten (10) years.

(3)  Only list projects where the Lead Engineering Firm held a minimum thirty percent (30%) of the ultimate responsibility for the design and engineering experience. If the Lead Engineering Firm is a joint venture, only list projects from members of the joint venture that will perform at least thirty percent (30%) of the Lead Engineering Firm’s potential design and engineering work for the Project.

(4)  In thousands of United States Dollars. Identify exchange rates of amounts in other currencies using the exchange rate as of June, 2013, including the benchmark on which the exchange rate is based.

(5)  Project Cost means the total construction cost budgeted or, if the project is complete, the total construction cost of the completed project.

(6)  Show company's participation in terms of money and percentage of the work and provide a brief summary of the role the company played in the listed project (scope of work).

(7)  Part B of the SOQ provides a maximum 5-page narrative description for the five most relevant experiences. The description should, at a minimum, give an overview of the project, and explain why the experience the company gained on the project is relevant.

(8)  For projects/contracts listed for design firms that were traditional consultant/engineering services contracts (as opposed to, for example, design-build contracts), the information sought above shall be limited only to the consultant/engineering services contract, rather than any ensuing construction contract where such entity had limited or no involvement.

RFQ Part C –Page 1

FORM F2 – TECHNICAL EXPERIENCE – CONSTRUCTION

EXPERIENCE OF THE LEAD CONTRACTOR IN THE CONSTRUCTION OF REFERENCE PROJECTS

COMPANY NAME
(1) / PROJECT NAME AND LOCATION (2), (3) / PROJECT COST
(4) & (5) / START/END DATES / PROJECT TYPE (DBB, DB, DBF or DBFOM) / LEVEL OF COMPANY’S PARTICIPATION (6) & (8) / ROLE OF COMPANY FOR THE PROJECT (7) /

Notes:

(1)  A maximum of five projects may be included.

(2)  Only list projects on which the Lead Contractor worked within the past ten years.

(3)  Only list projects where the Lead Contractor held a minimum thirty percent (30%) of the ultimate responsibility for the construction experience. If the Lead Contractor is a joint venture, only list projects from joint-venture members that will perform at least thirty percent (30%) of the Lead Contractor’s potential construction work for the Project.